Workshop/Agenda
Old Bridge Township Council
April 3, 2000
A Workshop/Agenda Meeting of the Township Council of the Township of Old Bridge was held in the Municipal Complex on April 3, 2000. The meeting was called to order 7:35 p.m. by President Maher who invited all in attendance to participate in a salute to the flag which was followed by a short prayer.
Deputy Clerk, Stella Ward announced that this meeting was being held in conformance with the Open Public Meetings Act and was published in the newspaper. Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Greene, Redmond, Sohor, Testino, Councilwoman Marinaccio and President Maher. Councilman Hoff arrived late.
Workshop SFY 2000 Bonding Projects
President Maher: You have in front of you a memo that I prepared today which puts together a list of additions and deletions in terms of the Mayors bonding requests. The Mayor's request are detailed in the January 21, 2000 memo to us, totaling $2,926,000.00. This is my proposal that I will read through and then we can have comments.
Engineering - Demolition of Route 9 Senior Center; we have $50,000.00 for that, I would like to put additional monies of 100,000.00 for preliminary site plans for a ward 3 community center.
Recreation - We are estimated $100,000.00 for a Township Skate Park.
Road Improvements - Additional $100,000.00 for the decaying curbs in the Township. We currently have $600,000.00 for curbs and $600,000.00 for road resurfacing.
These last four items we can reduce these line items:
Computer Equipment -$20,000.00 (Data Processing Needs), Municipal Complex - $20,000.00 (Electrical Service Equipment), Road Improvements -$10,000.00 (Striping), Traffic Lights -$25,000.00 (Engineering - Ely Avenue, there is a $25,000.00 matching grant that we are anticipating.)
I would like discussion on this now.
Councilman Redmond: On the community center are we talking about the same site or a more appropriate site?
President Maher: No, this is for preliminary site plans for the best place for the community center; not specifically the Route 9 complex.
Councilman Redmond: Is the cuts in the computer needs recommended by Himanshu?
Mr. Shah: Yes, Dennis and I talked earlier and we needed to make cuts for these other projects. The only question I have is that I thought that the preliminary site plan was $70,000.00 and now it is $100,000.00. When we talked Dennis, it was $70,000.00. The only area that I have not made any recommendation on is the road improvements. All the reductions are agreed on. The Ely Avenue light is not a grant, there is a balance in the previously funded ordinance.
Councilman Testino: Do we have enough?
Mr. Shah: We have about $25,000.00 in previous funded ordinances. If the bid comes above 50, then we have a problem.
Councilman Testino: Are we being shortsighted then?
Mr. Shah: No, we have $25,000.00 in a previous ordinance, we actually funded $50,000.00 which money was used for engineering and design, so there is a balance there. We were going to put $50,000.00 in this ordinance and then we realized that we have a balance in the prior one.
Councilman Testino: Nelson, are you in agreement with this?
Mr. Iglesias: Yes.
Councilman Sohor: Is the money for the decaying curbs for the whole township or a particular area?
President Maher: We can allocate that money for the entire township, it would be up to the individual ward people and the public works director. The reason that we came up with is because we just finished a campaign and we walked the township and there are decaying curbs in wards 5 and 6. We are just suggested increasing from $600,000.00 to $700,000.00.
Councilwoman Marinaccio: For the last couple of years the amounts have been divided equally between the six wards.
Councilman Sohor: That means that we each get $15,000.00 extra.
President Maher: There are nine council people.
Mayor Cannon: I think that you have to make it clear that this $100,000.00 is above and beyond the $3 million. For the last twelve years there was a set amount and divvied up between the wards and they could decide... who should I talk to?
Councilman Testino: Who do you want to talk to, Dennis - he is leaving the room.
Mayor Cannon: This is ridiculous, we don't have a chair, so you let me know when to continue.
Councilman Testino: Joe, you can chair.
Councilman Sohor: We repealed that ordinance, so there is no chair.
Mayor Cannon: This was always divided between the wards.
Councilman Testino: Are you saying that the at-Large council people shouldn't have a say?
Mayor Cannon: No, they should certainly have a say. We have deteriorating curbs throughout this township and I think that to take that over the 3 million and not set another cap, every year you are going to have additional needs. I think that for the wards to get an additional $15,000.00 doesn't make a whole lot of sense.
President Maher: Are you saying that we should find an additional $100,000.00 to cut from the capital projects?
Mayor Cannon: That is your choice. We sat for months and made some tough choices. It is very easy for you come up with a four or five million dollar bond.
President Maher: From what I understand the three million dollars has been an arbitrary number that's been used the council for several years.
Mayor Cannon: It is not arbitrary it is the amount that is paid off every year and that it so the debt service will be kept in check. It has been successful for a number of years. I am not saying that we should never ago above three million, but I don't think that this $100,000.00 meets some kind a criteria.
Councilman Testino: Would that include the land acquisitions that you are proposing?
Mayor Cannon: No.
Councilman Testino: So there are certain things that are in cap and certain things that are outside of cap, depending on who makes the call.
Mayor Cannon: We have never had land inside...
Councilman Testino: We are anticipating 4 million on one piece and two million on another so we are already up to nine million in bonding.
Mr. Shah: Land acquisition...
Councilman Testino: We are above this three million cap with the numbers you laid at. You are saying that land acquisition should be looked at differently.
Mayor Cannon: Yes.
Councilman Testino: Where are we getting the money for that debt service?
Mr. Shah: We always got green acres grants and loans, and that is the reason that the council always felt it was appropriate to include the three million...
Councilman Testino: You can't tell me that, for the projects that are listed for this year.
Mr. Shah: Except for one, yes. There are three land acquisition is that I know of and except for one where the intent is for commercial. Just like we did when we joined partnership with the County for O&Y.
Councilman Testino: We either have to come up with another source of funding or we are going to violate our own standards.
Mr. Shah: You can adjust the standards.
Councilman Redmond: When the three million dollars number went into effect George Bush was a councilman, in those days you get a linear foot of curbing for about 6 or 7 dollars and today it is around $13.00 Maybe the number is not as realistic as it used to be. We may need to consider having a new cap. We have to reject three bids because we don't have enough money.
Mr. Shah: It may not be a physical resolution, it maybe council consent. You certainly have a valid argument that the figure should be adjusted but at least in some uniform fashion. At the time this wasn't a binding resolution but it was necessary at the time because we had a bad financial problem and it really helped over the years to regain out bond rating. I don't want council to think that this was not a good idea.
Mayor Cannon: It was established in the 80's.
Councilman Greene: I want to make sure with these amendments where we stand, what amount are we at?
Mr. Shah: I think it is $130,000.00 over 3 million.
President Maher: Have we always been around that 3 million mark?
Mr. Shah: I don't recall exceeding 3 million before except as we indicated the land acquisitions. The administration always used that number.
Councilman Sohor: I come up with $210,000.00 increase in bonding from this list.
Mr. Shah: The bonding was $2,925,000.00.
Councilman Greene: I have a memo dated January 21, 2000 that indicates the request at $2,878,500.00.
Mr. Shah: The number is $2,925,000.00. That is the down payment.
Councilman Greene: On the community center is was stated that it could be at another location.
President Maher: Right, we want the best place for this...
Councilman Greene: Councilman Butler has been working on this for ten years, and if it is not going to be on Route 9, where else could it be?
Councilman Testino: Administration will have to investigate that. I understand that there is a big parcel in ward three that is going to be split up soon and also that there are other parcels that may become available on both sides of the highway.
Councilman Greene: I would like to get this number down to the three million dollar mark. I thought that if there wasn't another spot at this point in time maybe we could eliminate that $100,000.00.
Councilman Testino: We might be able to demolish that building and sell that lot and use that money for land acquisition. I think that Mr. Butler would like to see this move forward.
Councilman Greene: Has recreation investigated the Skate Park?
Mr. Badcock: It is a flat surface, similar to tennis or basketball courts. It can be rectangular or free form, we are estimating around 100 x 150 feet. There are pre-cast concrete ramps and jumps that would be purchased to put on it. We would form a committee of the kids to get their input. It will not be a sub-surface type of facility, there will be a chain link fence around the site, a listing of rules and regulation that we would hope too tie into an ordinance.
President Maher: Would it include lighting?
Mr. Badcock: Yes.
Councilman Greene: Have you seen how it works in other townships?
Mr. Badcock: Yes, I saw the one in Freehold, some are supervised and most are not.
Councilman Greene: Would this one be supervised?
Mr. Badcock: We don't have money in the budget for that other than if it is in Veteran's Park, where we have 4 days a week, specials from 8:00 - midnight and also a park supervisor. There would be some supervision built into the budget.
Councilman Greene: Would it be for other activities?
Mr. Badcock: Yes, BMX bikes, rollerblading, skateboarding. The equipment is different on the feet but the safety equipment is similar.
Councilman Greene: Does the administration supports this?
Mr. Badcock: I think that it is a great activity for the kids. It is a thing of the future.
Councilman Testino: Will be hiring an architect for the design or in house?
Mr. Badcock: I don't think that we need an architect other then for specifications. The subsurface is important.
Councilman Testino: Could they construct one of those bowl type structure?
Mr. Badcock: You could, but it is a lot more expensive, once you go subsurface it is like building a swimming pool. The insurance would be a lot higher. I have not seen too many of them that are municipal owned, I have seen some that are commercial owned.
Councilman Testino: Will there be any shaded areas?
Mr. Badcock: We looked at lot of different place and the best place was at the pine grove at Vet's park, we can do minimal clearing and there are already picnic tables.
Councilman Testino: Is there a concession stand there?
Mr. Badcock: No, a few years ago I wanted to renovate that building, we have a few people that go through Rose-Marie's office that apply for vendor permits that complies with the ordinance.
Councilman Testino: Do we have any vending machines there?
Mr. Badcock: No, we have a playground program inside that we bring snacks in, we only have a small refrigerator inside.
Councilman Sohor: Are we committed on the additional money for the road improvements, that it will be divided equally among the wards?
Councilwoman Marinaccio: I have the same question. It's $16,000.00.
Councilman Sohor: No, it's $15,000.00 because the money for the striping is coming out.
Councilwoman Marinaccio: So we will have $100,000.00 for resurfacing and $115,000.00 each for the curbing? Is that what each ward has? Can someone give me an answer, the math isn't difficult.
Mayor Cannon: I guess that is not the plan.
Councilwoman Marinaccio: I am beginning to see that now. Rocky am I correct that when we started this program each ward had $100,000.00 for resurfacing and $100,000.00 for curbing. The council people would decide how to break it up between paving and curbing. Right?
Mr. Donatelli: Yes, and whatever is left in the kitty is for the following year, plus their 100 and 100.
Councilwoman Marinaccio: So we are just adding $100,000.00, isn't is going to be divided up the same way? Why am I not getting an answer? Am I not explaining myself properly?
President Maher: That will be up to the council to decide.
Councilwoman Marinaccio: Well I am asking the council.
President Maher: We are putting an additional $100,000.00 into the curbing project, and how that money is spent the council should decide.
Councilwoman Marinaccio: When is the council going to do that? You want to vote on it tonight.
President Maher: I have a problem that there are nine council members up here. I know how it has been done in the past, I have never had an input.
Councilwoman Marinaccio: The At-Large Council people had every opportunity to be able to say it. If an At-Large Councilperson told me there was a street in ward four that needed paving I would have no problem with doing it. No one ever approached me.
President Maher: All I am saying is that as Council President I am putting an additional $100,000.00 in the curbing project.
Councilwoman Marinaccio: I am saying that I cannot vote on this unless I know how it is going to be divided up. I am asking you as Council President to explain to me how this $100,000.00 is going to be divided up. How can I vote on the unknown?
Mayor Cannon: I receive calls to my office and I give a list to Rocky and the individual ward person. That is the way that I handle it and I assume that the At-Large Council people can do exactly the same thing.
Councilwoman Marinaccio: We haven't had a problem, Mayor, have you had a problem working this way for the past couple of years?
Councilman Testino: I'd like a $100,000.00 to spend, they all get it.
President Maher: Would you like to divide the $600,000.00 by nine?
Councilman Testino: I think that the job of the At-Large Councilperson is to get out of the parochialism and say that there might be a need to get an emergency done or a project done. That is our job as At-Large's is to decide where the need is.
Councilman Redmond: I think that the increase is necessary because the dollar amounts don't buy what they used to buy.
Councilwoman Marinaccio: I agree with you Mr. Redmond. I have no problem with the increase. There is $100,000.00 placed on this table all I want to know is how is it going to be divided. I think that we need that information before we vote.
MOTION
to divide the $700,000.00 equally among the six wards by Councilman Sohor, seconded by Councilwoman Marinaccio.
AYES: Councilmen Redmond, Sohor, Councilwoman Marinaccio.
NAYS: Councilmen Greene, Hoff, Testino, President Maher.
Prior to the vote the following discussion took place.
Councilman Testino: I can't support that.
President Maher: I am not supporting that.
Councilwoman Marinaccio: What is the problem? Why don't put on the table what it is that you really want. At least we will be able to get past this. If you don't want it divided evenly, how do you want it divided up?
President Maher: I'll back off my proposal of having it divided nine ways, I'll support Mr. Redmond's suggest that it is a cost of doing business.
Mayor Cannon: Make it ten ways, I want some too.
Councilwoman Marinaccio: I will make an amendment that it be divided equally.
Councilman Hoff: I don't know why Ms. Marinaccio doesn't understand, we've got things that are questionable to the amounts in the bonding. We are talking about the Skate Park, we are talking about the Queen Yacinda property and engineering for the Route 9 building. I don't think that you can tie this whole council up to one little point or direction because Ms. Marinaccio feels that she needs to. I think that you should vote the question.
Councilman Sohor: I want a vote on the question on the floor.
Point of Order
Councilman Testino: I want to know if such a resolution can be binding on a bond ordinance?
Attorney Ruggierio: No.
Mayor Cannon: Don't you have to name the streets in the bond ordinance?
Councilman Testino: No.
Mr. Shah: They way that we have been doing it is that we name the streets and any excess to be used for other streets. The point is that you must do the streets that you name.
Councilman Testino: It's not binding, but they want the question called.
Councilman Sohor: It's not up to the Chairman, the question's been called lets have a vote.
Councilman Testino: Its his decision to call it.
Subsequent to the vote the following discussion took place.
President Maher: I propose that we move all these amendments from my memo.
Councilman Testino: Don't we need to have the bond ordinance prepared for Monday night?
President Maher: We can prepare the bond ordinance for first reading tonight and adopt it April 10, 2000.
Mayor Cannon: You have to advertise it.
Mr. Shah: We have some difficulties getting the ordinance prepared, they are not ready to be introduced. I spoke to the bond counsel and they said that we could technically introduce the ordinance and we will physically have the bond ordinances on paper tomorrow.
Councilwoman Marinaccio: There is obviously a game plan for the $100,000.00, now you don't want to divide it equally between the wards so would you be kind enough to share the game plan so that we know what we are voting on.
President Maher: There is no game plan.
Councilwoman Marinaccio: Then why are we not dividing it. What are the other ideas for it?
President Maher: There are $3,000,000.00 worth of projects and what we are talking about is $100,000.00...
Councilwoman Marinaccio: I want to know where the $100,000.00 is designated to. I have that right.
President Maher: You can vote against it.
Councilwoman Marinaccio: I want the question answered.
President Maher: Let's move on.
Councilwoman Marinaccio: I can't believe this, answer the question.
Councilman Sohor: I want that question answered too.
Councilwoman Marinaccio: I need to know what I am voting on.
President Maher: Let's move on. Roll call on what I read.
Councilman Testino: Who seconded it?
Councilman Sohor: What is the motion?
Councilman Mannino: This list and the additions and deletions on the memo.
Councilman Greene: Can I vote on these items and not on the ward three community center? I want to try and get closer to the $3,000,000.00 mark.
Councilman Mannino: How many affirmative votes do we need to introduce?
Mr. Shah: Five.
Attorney Ruggierio: You need the written ordinances.
Mr. Shah: We need to work on them first.
President Maher: We will take the vote later.
Agenda Meeting
PROCLAMATION - 4/10/00
Old Bridge High School Cheerleading Competition, Jacksonville, Florida
No discussion.
Old Bridge Comets (GC)
Ms. Lynch: We have 51 cheerleaders going to the competition in Myrtle Beach on April 30, 2000 and we are looking for financial assistance from the town.
Councilman Testino: Have you spoken to Mr. Badcock:
Ms. Lynch: People from the organization have requested this.
Mr. Badcock: I was cc'd the same letter you got today.
Councilman Testino: How long will you need to review it?
Mr. Badcock: I think that this is going to be just like the others. Have you changed the existing resolution, or just amended it. None of these comply with the resolution.
President Maher: When do you need the money?
Ms. Lynch: Within a couple of weeks.
Councilman Redmond: This organization meets the criteria.
Mr. Badcock: No it doesn't, the resolution is set up so that the organization has to go through competition levels. It is not invitational.
Councilman Testino: This is invitational?
Mr. Badcock: Cheerleading are all invitational.
President Maher: Has the team qualified for this tournament?
Ms. Lynch: We pre-qualify for all NCA competition by attending their summer camp.
President Maher: We will put it up for a vote Monday.
ORDINANCE FOR SECOND READING (4/10/00)
ORD. #8-00 Vacation of Northerly Portion of Union Hill Road - (No public comments were heard on 3/27)
No discussion.
ORD. #11-00 Denying Cable TV Franchise - (Public comments were heard on 3/27/00)
No discussion.
ORDINANCE FOR FIRST READING
FR-1 Amend Open Space Committee Members - (Increase resident members from three (3) to seven (7). Establish three (3) year staggered terms for resident members.
No discussion.
DISCUSSION ORDINANCES
DO-1 Title 39 Ordinance - Madison Park School, Old Bridge TABLED
DO-2 Title 39 Ordinance - The Glenn School, Old Bridge TABLED
DO-3 Title 39 Ordinance - Carl Sandburg School, Old Bridge TABLED
DO-4 Title 39 Ordinance - Memorial School, Old Bridge TABLED
DO-5 Title 39 Ordinance - Southwood School, Old Bridge TABLED
DO-6 Title 39 Ordinance - Old Bridge High School - East Campus, Old Bridge TABLED
DO-7 Title 39 Ordinance - Old Bridge High School - West Campus, Old Bridge TABLED
DO-8 Title 39 Ordinance - Cheesequake School, Old Bridge TABLED
DO-9 Title 39 Ordinance - Carpenter School, Old Bridge TABLED
DO-10 Title 39 Ordinance - Mayor Cannon: Mc Divitt School, Old Bridge TABLED
DO-11 Title 39 Ordinance - The Grissom School, Old Bridge TABLED
DO-12 Title 39 Ordinance - The Miller School, Old Bridge TABLED
DO-13 Title 39 Ordinance - Salk School, Old Bridge TABLED
DO-14 Title 39 Ordinance - Shepard School, Old Bridge TABLED
DO-15 Title 39 Ordinance - Voorhees School, Old Bridge TABLED
DO-16 Title 39 Ordinance - The Cooper School, Old Bridge TABLED
DO-17 Title 39 Ordinance - Schirra School, Old Bridge TABLED
President Maher: We are going to be tabling all the Title 39 Ordinances.
Councilman Testino: Can someone sit down with Mr. Barnes and tell him exactly what they need.
Al DiRocco: These are all DOT approved.
Councilman Sohor: There are some fundamental problems with the ordinances, for instance West Campus has four parking lots, the ordinance relates to three. It allows parking from 7:30 am 2:30 p.m. there is no parking after 2:30 nor on the weekends. The bus loading and unloading are in no stopping and no standing areas. School buses would be ticketed where they let kids off. Site plans are referred to in the ordinances and there are no site plans. Some ordinance refer to streets that don't exist. These ordinance are no good. There are no provisions to park school buses.
President Maher: If someone parks their car to run at the track at night, their car would be towed. Someone from the school board needs to proof read these.
Mr. DiRocco: Can we have a workshop so we can find out what is wrong with these.
Councilman Sohor: That is not the council's responsibility.
President Maher: That is the school board.
Mr. DiRocco: My understanding is that once the DOT approves something, there is no questioning it.
Councilman Sohor: The ordinance allows for no more than five parents to park at the school.
President Maher: No one is questioning what we are trying to accomplish but someone from the school side needs to proof read these.
Councilman Sohor: The parking lot that is put aside for the principal and secretaries, there is no parking there, per the ordinance.
Mr. DiRocco: OK, I will bring it back to the school.
Officer Foderaro: If there is a problem with parking on any of the school properties we can adjust that. The DOT is not going to be involved in that.
President Maher: Have you read all 14 ordinances?
Officer Foderaro: Then we need to sit down with the school board.
President Maher: We talked to Mr. Barnes before the meeting and he understands.
Officer Foderaro: This has to go back to the DOT.
Councilman Redmond: Does the DOT understand what the problem is?
Councilman Sohor: All of them are wrong, with the no loading and unloading zones. If we pass these ordinance you would create chaos.
Officer Foderaro: Can I get a list of what you think is wrong with them?
President Maher: That means that we would have to review them, I think that the onus is on school board.
Officer Foderaro: The DOT wrote this ordinance.
President Maher: All I am suggesting is that the school board look over these fourteen ordinances and make sure that these are what they want us to pass.
Councilman Sohor: Madison Park School is referring to Highpointe Way.
Mayor Cannon: I would like to suggest that someone from the Board of Education sit down with Officer Foderaro and work these out and resubmit these to the DOT.
DO-18 Drunk Driving Free School Zones (AS)
Ms. Shepler: A recent amendment to the public laws of 1999 has given us the ability to enact this which is similar to the "Drug Free School Zones". If you adopt these and the attachments that go with it you will then be able to enforce higher penalties.
Councilman Redmond: Will that be only during school hours?
Ms. Shepler: No, any time. The police are behind this.
DO-19 Ordinance Establishing Speed Limits on Morristown Road/Laurence Parkway (WSR)
No discussion.
DO-20 Ordinance Adopting rules and regulations for County Parks (WSR)
No discussion.
CONSENT AGENDA
C-1 Parade - Sayrewoods South Little League - Saturday, April 15, 2000 9:30 A.M.
No discussion.
C-2 Bingo/Raffle
No discussion.
DISCUSSION RESOLUTIONS
DR-1 Resolution - Chapter 159 in the Amount of $2,166.95 in connection with the Drunk Driving Enforcement Grant (HS)
No discussion.
DR-2 Award of Contract to Culver Amherst, L.L.C .- Bus Shelter Development & Maintenance Program, Contract 03-00 (HS)
Councilman Hoff: Is the contract duration ten years and also did we only receive one bid for this job?
Ms. Shepler: Yes. It is my understanding that in order for them to make a capital improvement they are looking for a long term contract. They replace our existing shelters with theirs.
Councilman Hoff: How long is this contract?
Ms. Shepler: We bid this twice and we only received this one bid.
Councilman Greene: There is a memo from the Clerk in our packets, have they been resolved? I would assume that they would identify the locations before we sign a contract, according to this we sign the contract first.
Councilman Redmond: Are these existing shelters?
Mayor Cannon: Yes, but they are going to replace them with their own, I understand that they are not going to put advertisements on the shelters that are in residential areas.
Councilman Hoff: That is not stipulated in the contract.
Councilman Greene: Do they maintain all the shelters?
Mayor Cannon: Yes even the ones that do not have advertisements.
Councilman Redmond: What happens to the shelters that we put up?
Mayor Cannon: We did not put up any, NJ Transit did, we just maintain them.
Mr. Donatelli: It is very expensive.
Ms. Shepler: Can we wait for Himanshu to come back in the room, he has been very involved in this.
Discussed again later in the meeting
DR-3 Resolution - Authorizing Cancellation of 2000 Tax Erroneously Billed (CS)
No discussion.
DR-4 Carter's Tent Sale - April 14, 15, & 16
No discussion.
DR-5 Woman's Club of Laurence Harbor - Flea Market
No discussion.
DR-6 Subordination of CDBG Mortgage - Virginia Costa (WSR)
No discussion.
DR-7 Subordination of CDBG Mortgage - Frank & Helen Suchan (WSR)
No discussion.
DR-8 Waiver of Fees - St. Ambrose R.C. Church (Kitchen Renovations)
No discussion.
DR-9 Resolution Requesting The N.J. Highway Authority to compensate affected municipalities for loss of tax ratables (ET)
Councilman Testino: In your packet there is a ordinance from Bloomfield stating that they should get money for some of their streets that are affected by the parkway. I don't know how long it is going to be before they fix Laurence Parkway but that bridge is in need of repair and I would like to put some pressure on the parkway to get that done and that whole situation turned into a clover leaf. I don't want to wait until a developer comes in a develops it.
Councilman Redmond: The Bloomfield ordinances is saying that the parkway took land from them (ratables) and now they want to be reimbursed now that the parkway is making money.
Councilman Testino: They are saying as a host community the parkway should give them benefits. I can wait two weeks for this, but I want to see some resolution sent up to the parkway asking them to fix that area in Laurence Harbor.
President Maher: I will ask legal to look at the Bloomfield ordinance and also incorporate your ideas in a resolution.
Councilman Testino: I don't want the same as Bloomfield has but as a host community that has an exit I think that we deserve better treatment.
Councilman Hoff: The northbound lane is not bad, but the southbound side both exiting and entering backs the traffic up to the light and you can wait three lights to get through there. It is also dangerous if you are coming west on Laurence Parkway to make the left to go south on the parkway. That needs attention.
DR-10 Resolution - ALS Care (Advanced Life Support Care) (ET)
Councilman Testino: This was requested by the Emergency services in town. They believe that is important.
Ms. Shepler: This has to do with Medicare reimbursement.
President Maher: I asked legal to look into this to see if we can adopt. We got a draft copy of a resolution from Cheesequake.
Mayor Cannon: There is legislation that would preclude Medicare payments to the MIT units, it would only give it to the vehicles for transport.
Mr. Condon: All the resolution asks is that the township oppose any legislation that changes the health care financing administration is considering, which would eliminate Medicare reimbursement for ALS services. I see no legal impediment to the township going forward with that resolution.
Councilman Testino: I have has people approach with the problem of Rural Metro suing them over fees due.
Mayor Cannon: They shouldn't be, if they are being charged at all they can my office and we will intercede for them.
Councilman Testino: What's wrong will calling me, I just told you they are being sued.
Mayor Cannon: I am just saying that we could make it go away if they call us.
Ms. Shepler: What happens is because of the myriad of our zip codes that we have in this town, people are not considered to be Old Bridge residents. That is what is the problem 90% of the time.
Mayor Cannon: We gave Rural Metro a book with addresses and zip codes and that has cut down on this problem considerable.
President Maher: I would like legal to have this resolution for Monday.
DR-11 Agreement Between Township of Old Bridge & The Old Bridge Crossing Guards Association July 1, 1996 - June 30, 1999 (AS)
No discussion.
DR-12 Contract #99-10- Pioneer General Contracting Company - Throckmorton Lane Improvements - Change order approval to Increase the contract amount by $28,231.70 from $142,768.30 to $172,000.00 representing an increase of 19.6% (CERT. REQ'D.) (AFFIRM. ACT.)
RESOLUTION #165
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, the Township Council of the Township of Old Bridge previously authorized a contract with Pioneer General Contracting Company for Throckmorton Lane improvements; and
WHEREAS, Pioneer General Contracting Company has requested Change Order No. 1 for an extension to limit of works and adjustments of quantities.
NOW, THEREFORE, BE IT RESOLVED that the total amount of the change in contract quantities of $28,231.70 is hereby authorized for the adjustments of quantities set forth in the Change Order attached.
BE IT FURTHER RESOLVED that the modified cost of the services after this Change Order is as follows:
ORIGINAL CONTRACT $143,768.30
CHANGE ORDER $127,231.70
NEW TOTAL AUTHORIZED $172,000.00
(TOTAL AMOUNT OF ALL CHANGE ORDERS $28,231.70)
BE IT FURTHER RESOLVED that the Mayor and Clerk of the Township of Old Bridge are hereby authorized to execute such written contract documents as may be approved in form by the Township Attorney.
Moved by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:
AYES: Councilmen Greene, Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher.
NAYS: None.
ABSENT: Councilmen Butler, Cucchiara
Prior to the vote the following discussion took place.
Councilman Testino: I understand that this is all State money and we should spend it as much as we can.
Mr. Iglesias: I would ask that you pass this resolution tonight.
President Maher: Do we have everything that we need for this.
Ms. Ward: Yes.
DR-13 Payment of Accumulated Time - Retirement - George Coyle Total of $7,938.47 (AS)
No discussion
DR-14 Rose Farm Lease - (One Year) Lease of Land through an Auction - Township of Old Bridge Lease of Township Lands (AS)
Councilman Redmond: How much is this?
Ms. Shepler: This is just for permission to go out to bid.
Councilman Redmond: How much are we being paid now?
Ms. Shepler: $2,500.00
Councilman Testino: For all 167 acres?
Ms. Shepler: Not all of it is tillable.
Councilman Testino: So you are anticipating tying this up for another year. Is there provision in this that if we need to do a site plan that we can go on the property?
Ms. Shepler: I have been told my Mr. Badcock that we don't need that but if you want we can put it in.
Councilman Redmond: It says that we can end the contract with 120 days notice.
Councilman Testino: I am not comfortable going forward this.
Ms. Shepler: The advantage is that is keeps the land fertile.
Mr. Badcock: We are a year away from any kind of design.
DR-15 CTS Unlimited Inc. - Professional Services Contract - (To be paid for from Escrow) (Supply professional services to Township of Old Bridge in all matters of Municipal Forestry.) (SR)
President Maher: I have been told that this follows the competitive bidding procedure.
DR-16 Contract #00-04 Covenant Disposal Solid Waste Disposal in the Amount of $10,000.00 (Trash disposal from municipal buildings) (CERT. #883) (AFFIRM. ACT.) (RD)
RESOLUTION #166
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, the Township Council wishes to award a contract for trash disposal from municipal buildings to the lowest responsible bidder; and
WHEREAS, the Township Council wishes to award the contract for trash disposal to Covenant Disposal, Inc. located at 601 Commerce Road, P.O. Box 4085, Linden, NJ 07036
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:
1. Covenant Disposal, Inc. is hereby awarded a contract in the amount of $10,000.00 for trash disposal from municipal buildings.
2. The award of the contract is contingent upon the issuance of a Certification of Availability of Funds No. 883 certifying the existence of a sufficient appropriation to fund the said contract.
3. The Mayor and Township Clerk of the Township of Old Bridge are hereby authorized to sign the contract. The Township Attorney shall review any and all documents prepared in furtherance of this award.
4. The Township Attorney shall draft appropriate language in the contract to assure coordination as to equipment delivery, installation and software installation.
This resolution is conditioned upon the following:
A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.
B. Compliance by the vendor with signing the mandatory affirmative action language required by law.
C. Compliance by the Vendor with filing of Affirmative Action Form AA302 and AA201 or otherwise complying with affirmative action employee information reporting.
No contract shall be considered awarded unless and until the above requirements are executed.
Moved by Councilman Redmond, seconded by Councilman Greene and so ordered on the following roll call vote:
AYES: Councilmen Greene, Hoff, Redmond, Sohor, Testino, Councilwoman Marinaccio, President Maher.
NAYS: None.
ABSENT: Councilmen Butler, Cucchiara
Prior to the vote the following discussion took place.
Mr. Donatelli: I would also ask that you move this tonight, because it will save us money every day.
President Maher: Do we have three bids on this.
Ms. Shepler: This was an open public bid.
DR-17 Acceptance of Old Bridge Assisted Transportation Grant - Federal Funds - $12,000.00, Municipal Funds - $5,275.00 Project Income - $100.00, Total = $17,375.00 (AS)
No discussion.
DR-18 Acceptance of Old Bridge Residential Maintenance Grant - Federal Funds - $7,610.00, Municipal Funds - $900.00, Project Income - $100.00, Total = $8,610.00 (AS)
No discussion.
DR-19 Reject Bid #99-31 - Recreation/Basement Renovations (Reason for Rejection- Exceeds Township Budget.)
Councilman Redmond: Is this in the new bonding.
Mr. Badcock: No.
DR-20 Reject Bid #99-33 - Mobile Command Vehicle (Reason for Rejection - Exceeds Township Budget.)
Ms. Shepler: This has been rebid.
DR-21 Reject Bid #99-25 - Residential Sidewalk Replacement Program (Reason for Rejection - Unable to complete necessary paperwork.)
No discussion.
DR-22 Resolution - Chapter 159 - Title III - in the sum of $12,000.00 with a match of $5,275.00 totaling $17,275.00 which is now available as a revenue from the Title III Grant (HS)
No discussion.
DR-23 Private Sale to Habitat for Humanity - 22 Naples Ave. & 17 Biondi St. for the sum of $1.00 in accordance with N.J.S.A. 40A:12-21(j) (AS)
Councilman Hoff: How did we choose these lots.
Ms. Shepler: The first lot is the one that Habitat for Humanity originally asked us for.
The other lot they indicated that they were interested in. The structure on that lot (17 Biondi) has been demolished. I had a number of conversation with Habitat and they intended to demolish the house on Naples and place brand new structures on both lots.
Councilman Hoff: What would be the value of the homes that they put there.
Ms. Shepler: I do not know.
Councilman Hoff: Perhaps the neighborhood would think that you are making it less attractive.
Ms. Shepler: No, it would definitely be more attractive.
Councilman Hoff: Please find out the value of the home.
Councilman Redmond: I have seen a lot of work that they have done and they build a very nice house. Who is going to knock down this house.
Ms. Shepler: They are.
Councilman Testino: It is my understanding that these projects are developed with the total development cost, so if we give them the land they have more money to build with. I think that they are between $80,000.00 -$100,000.00, so for that money they could put a nice structure up. I assume that there will be a closing and a ceremonial check issued, could the council and mayor be invited or maybe a ribbon cutting ceremony
DR-24 Resolution - Authorizing Cancellation of Property Tax Lien - Block 18093, Lot 46 - Certificate #97282 (CS)
No discussion.
DR-25 Resolution - Authorizing Cancellation of Property Tax Lien - Block 22001, Lot 27 - Certificate #7301 (CS)
No discussion.
DR-26 Resolution - Authorizing Cancellation of Property Tax Lien - Block 18093, Lot 51 - Certificate #97284 (CS)
No discussion.
DR-27 Resolution - Authorizing Cancellation of Property Tax Lien - Block 18093, Lot 47.11 - Certificate #97283 (CS)
No discussion.
DR-28 Resolution - Authorizing Cancellation of Property Tax Lien - Block 22001, Lot 27 - Certificate #98200 (CS)
No discussion.
DR-29 Resolution - Authorizing Cancellation of Property Tax Lien - Block 22001, Lot 27 - Certificate #88073 (CS)
No discussion.
DR-30 Resolution - Authorizing Cancellation of Property Tax Lien - Block 4001, Lot 11.11 - Certificate #90031 (CS)
No discussion.
DR-31 Orchard Hill - Easement Agreement - Authorization to enter into Sight Triangle Easement Agreement for Block 1000, Lot 1 (WSR)
Mayor Cannon: This is behind the skating rink.
Councilman Testino: Are the putting another road in there?
Mr. Iglesias: The county wants to enlarge Cottrell Road in that section.
Councilman Testino: Are they widening or putting a road in?
Mr. Iglesias: The site triangle is when they have to clear a section of woods.
Councilman Testino: Are you recommending this, Nelson?
Mr. Iglesias: Yes.
DR-32 Wesley Road Land Swap - Block 13005, Lot 60 with Block 13005, Lot 59 (AS)
Councilman Testino: Is someone from the administration supporting this?
Ms. Shepler: Yes.
Councilman Testino: Why?
Ms. Shepler: If you read the letter from Mr. Enright it makes more sense to allow the land swap.
Councilman Testino: Do you think that Trans Old Bridge Road is ever going to go through.
Ms. Shepler: I would like to think so.
Councilman Testino: Where is the other 5,000?
Clerk Saracino: This has to be an ordinance
President Maher: Can the legal department prepare this ordinance for Monday.
Jonathan Heilbrunn: There are some exhibits that you can look at. These lots are exactly the same size, they are about 100x900. (at this point Mr. Heilbrunn is drawing a diagram on the blackboard of the said lots). It is foolish for the township to own a piece of property that is isolated from other township owned property. The purpose of this application is to suggest that by exchanging these pieces you will own a larger unified piece. Because the backs of all the properties are wet and undevelopable, if you were ever to build the roadway, if you were able to get the proper permits, we don't need to own the backs of two lots. Our suggestion for the trade was that we will take 100 feet by 500 feet in depth and therefore you would end up owning the contiguous properties and the back of the property where the roadway is shown to go on the tax map.
Councilman Testino: Why does you client want the swap?
Mr. Heilbrunn: It is in my letter to Ms. Shepler, it is zoned ER (environmentally restricted), the uses in the ER are a cemetery, a mausoleum, a shooting range, therefore we would be in front of the zoning board for a variance or a suit against the township to buy it because it is unbuildable. Everyone wins this way.
Councilman Testino: Is the administration supporting this?
Ms. Shepler: I am.
Added during the meeting
DR 32 Accumulated payout Captain Stenger $149,050.00
President Maher: He has asked to have this put on tonight because he is relocating to Florida.
DISCUSSION
D-1 Cheesequake Volunteer First Aid Squad, Inc. (Requesting funding for repairs to building and parking lot in the sum of $17,000.00) (ET)
President Maher: I asked Ms. Shepler to take a look at this. It my understanding that she has written a letter to them with a couple of suggestions. We are giving all the first aid squads $35,000.00 annually. I have suggested that we give them $30,000.00 a year for three years and then the forth the $2,000.00.
Ms. Shepler: I have explained to you that we cannot do that because technically that puts us in the position of being a bank. We would sustain a very negative audit comment for that.
Mr. Shah: They don't have an official audit so we cannot exceed $35,000.00. There is nothing that we can do.
Ms. Shepler: I told them that Himanshu and I would use our contacts with some local banks to provide them with a low cost loan. He is going to call me back.
Councilman Testino: What happened with our talks with the first aid squads on the audits.
Mr. Shah: We were discussing.....my recollection is that the first aid was not interested.
Councilman Testino: In the next five years this township is going to have to make a critical decision about first aid squads. This township is growing by leaps and bounds and they do not have enough volunteers.
Mr. Shah: We were looking at different approaches. We didn't drop the ball.
Councilman Testino: They have to know that until they agree to certified audits there can never be a lifting of that ceiling.
Mr. Shah: That was brought...
Councilman Testino: With the paid squad during the day our response time is pretty good. We get into trouble at night.
Mayor Cannon: The main problem is the lack of volunteers not dollars.
Councilman Testino: If you don't have the man power the next answer is dollars.
Mr. Shah: We have statutes...
Councilman Testino: I know, I am just saying that we have to be more accessible.
Mayor Cannon: Is the primary concern that you are hearing is that they don't have enough money?
Councilman Testino: It is manpower and money. I know that we can't do anything. Maybe at some point they will have to let the township take the properties over.
Mr. Shah: That may be one way.
Councilman Testino: They should have a way to come and address their concerns.
Mr. Shah: There was an attempt at one to merge into one squad, like Sayreville.
D-2 Metricom's - Right of Way (ET)
Councilman Testino: I got a phone on this. If we are not interested lets just send them a letter.
Mr. Shah: We have joined with other communities. Lou Ranone; (who is the attorney for Edison) has taken the lead, we have had meetings. Finally there is and attempt to change the law to increase the revenue. My last conversation with Lou, he said that until that law is passed it makes no sense to approve it.
Councilman Testino: Lets' just tell them that we are not interested at this time and we will contact them when we are.
Attorney Ruggierio: We intend to negotiate as a group. We are not actually saying no.
Mr. Shah: You have to decide if you want those tower hanging all over the town.
Councilman Testino: So legal is writing a letter.
D-3 Deed Restriction - Joseph & Genevieve Borawski, 377 Miller Avenue, Laurence Harbor Block 2074 - Lots 374-378 (ET)
President Maher: Attorney Convery asked that we take this off until May 1st.
Councilman Testino: I think that if Convery wants this on he should speak to Alayne Shepler. I don't think that she is recommending it.
Ms. Shepler: I will call him and let him know.
Councilman Redmond: What is this about?
Ms. Shepler: A long time ago this township sold to the Borawski a piece of property for $600.00 that had deed restriction upon it that it could only be used for an accessory to the original building. Back in 1995 Mr. Convery approached this council and offered the township $1500.00 to remove the deed restriction. When the analyses was done it was decided that it was an inappropriate amount to offer for the value. Council decided then to say no thank you.
D-4 Laurence Harbor First Aid & Safety Squad, Inc. (Reimbursement for emergency medical transports.) (DMM)
President Maher: This is the same issue as D1.
D-5 Cheesequake Village/Barclay Square Dam (DMM)
Ms. Shepler: I spoke to Dam Safety and if the Cheesequake Association will write to them they will extend the time until May 28, 2000. They are looking for is an engineer's report; I assured them that we are checking with four different firms to get prices. They want to see action. They are not saying that the work has to be done immediately but they want to see some type of progress. This is considered a very low priority and it would be ineligible for any outside funding. Since it is a privately owned facility no HUD funds are available.
Councilman Hoff: Is to have the dam abandoned.
Ms. Shepler: No, I think that you have all seen Mr. Iglesias's report, the lake cannot be decommissioned. In 1973 when Cheesequake Village was approved it was approved base on the fact that the lake will serve as their detention basin, so it has to be repaired. The only other possibility would be the entire drainage of the Village would have to be re-routed.
President Maher: It is my understanding that there are township detention basins going in there.
Ms. Shepler: No, that is not correct. There may be some overland water, but that is not to say that the township contributes to the problem or is part of the problem. The problem is a man-made lake entirely located on private property, completely surrounded with no public access or public purpose.
Mr. Phil Tanala: There are three deep ravines leading into that lake. I understand that there are storm drains that were approved by the township for other areas leading into that lake. I understand if the township approved storm drains the township becomes partial responsible. We are going to be checking that out. Two weeks a similar incident was televised and it was proved legally that as long as the township approved the storm drains that township is partially responsible.
Mr. Iglesias: I have looked at the entire area and while they are partially right, water will eventually go into the lake. Where the dam is has always been private problem, it may be that there are pipes in there but that does not mean that the township is responsible for the lake. The lake acts as the detention basin and there is no way to re-route the system.
Mr. Tanala: We took four engineering firms around the area and every one of them said that it should be decommissioned. We are on the lowest scale of dams, there are no hazardous conditions. There is a section that when the lake was full it was infringing on two Barclay Square property owners. Those two owners are also named by DEP along with Cheesequake Village. It would eventually have started a new outlet around that property and went around our dam.
Mayor Cannon: Are you saying that even if the dam was working it would have circumvented the dam.
Mr. Tanala: Yes.
Mayor Cannon: We have not had a chance to talk to Bill about this yet. We need to have him evaluate it also.
Mr. Tanala: The first firm that we reached out to is Alimo; they gave us an estimate of $60,000.00, the engineering fees are usually half of the cost to decommission or fix the dam. Each firm thought that decommission was the way to go. T&M said they had a dam decommissioned even though it was on private property. French & Pirello told us the same thing. An engineer from URS; which was recommend by DEP to contact us; they took more pictures of the dam and ravines, they said it should be decommissioned. We have a fence around our side of the property, this not causing any hazardous condition.
Mayor Cannon: I guess the difference of opinion is that Nelson is saying that, that is your detention basin.
Mr. Iglesias: Those firms were not aware that the lake was being used as a detention basin. I went through the research and it is. I called these firms and told them of the research. Any one call tell you to decommission it but unless you change the laws in this township to force the developers to contain excess run off. I agree with him that if today Cheesequake Village were to come to my office and ask to do without a detention basin and duct my excess water in this ravine, I would most likely say yes. Unfortunately, that isn't the case today and we do have a legal document that says you shall maintain the detention basin. I do not see any recourse, you must fix this.
Mr. Tanala: Ms. Shepler, who did you speak to at the DEP?
Ms. Shepler: Cindy Savino.
Mr. Tanala: She doesn't want to see the lake decommissioned. She more or less told me that April 28 would be our last extension. They want an engineering report on their desk. We are talking to our state senators to get funding and it looks good but we won't know until July 1, 2000.
Ms. Shepler: She told me May 28, 2000.
Mayor Cannon: We were looking to get six months.
President Maher: Legal needs to do the research to see if there are any detention basins township owned draining into this and do we have any liability. We have outside engineers saying that they can decommission this.
Councilman Hoff: I think that this may be a legal question. If the lake was decommissioned that the ravine can take the runoff.
Mr. Iglesias: We are not just taking about Cheesequake Village. Barclay Square people paid for land knowing that they were facing the lake. They use the lake much more then Cheesequake Village, for the life of me I don't know how Cheesequake Village bought into the deal that they have to fix the dam. They are the least user of the lake.
President Maher: I think that the deed says that they are 60% owner...
Mr. Tanala: It says that we own 40% and Barclay Square owns 60%.
Mr. Iglesias: You will have four firms submitting estimates.
Councilman Hoff: Can they be with abandoning the detention and let the retention drain off in the ravines.
Mr. Iglesias: If they agree with that.
Councilman Redmond: Who's property is the dam on?
Mr. Tanala: Ours.
Mr. Iglesias: The dam is on their but the largest part of the lake is on Barclay Square.
President Maher: Mr. Tanala You need to send a letter to the DEP about the May 28, 2000 deadline.
Mr. Tanala: My understanding is that the legislators are trying to get us $150,000.00 to repair this.
President Maher: We will put this on for April 24, 2000 to see where we are at.
REPORTS
R-1 Open Space Referendum (Report By: Legal) - (APRIL 10, 2000)
James Condon: I am not sure that I can get a meeting with all the parties by then.
President Maher: OK, April 24, 2000 then.
R-2 Traffic Light on Downing Street - Follow up with DOT (Report By: Administration)
Ms. Shepler: We are in the process of acquiring the 78,000 feet of easement that we need. I should have a better answer on Monday night.
HEARING
H-1 Release/Reduction Performance Guarantee - DCH Investment - Academy Honda
Mr. Iglesias: I am recommending a release subject to posting of a 15% maintenance bond.
President Maher opened the public portion Seeing no hands President Maher closed the public portion
MOTION
to release the performance bond subject to the posting of a 15% maintenance bond by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote.
AYES: Councilman Greene, Hoff, Redmond, Sohor, Testino, President Maher.
NAYS: None.
ABSENT PODIUM: Councilwoman Marinaccio.
ABSENT: Councilmen Butler, Cucchiara.
H-2 Release/Reduction Performance Guarantee - Highview Estates - (April 10, 2000)
No discussion.
SET DATE
SD-1 Release/Reduction Performance Guarantee - Most Holy Redeemer Church (Suggested Date: Monday, May 8, 2000)
No discussion.
SD-2 Release/Reduction Performance Guarantee - All Star Car Wash (Suggested Date: Monday, May 15, 2000)
No discussion.
SD-3 Release/Reduction Performance Guarantee - Park's Edge (Suggested Date: Monday, May 15, 2000)
No discussion.
CONSENT AGENDA
DR-2 Award of Contract to Culver Amherst, L.L.C. - Bus Shelter Development & Maintenance Program, Contract 03-00 (HS)
Councilman Hoff: What is the length of the contract?
Mr. Shah: The contract will be prepared by the attorney.
Councilman Hoff: Don't we have the contract in front of us?
Mr. Shah: No, you are just awarding the bid.
Councilman Testino: We can't change the specifications are now?
Mr. Shah: What do you want to change?
Councilman Hoff: How long is the contract?
Mr. Shah: Ten years.
Councilman Hoff: The mayor says the there will not be advertisements in residential areas, I don't see that anywhere.
Mr. Shah: It indicates that they will advertise only on the shelters that we agree on. They have told us that they wont put on any offensive, sexual, tobacco and alcohol.
Councilman Hoff: Will they be able to put their shelters up at their will?
Mr. Shah: The locations will be agreed upon by both parties. We have asked them to maintain all the shelters, whether or not they advertise on them or not.
Councilman Hoff: Is that spelled out?
Mr. Shah: Yes.
Councilman Hoff: Does it bother you that we only got one bid?
Mr. Shah: No, because this is on a revenue basis, it is not like we are going to be spending money.
Councilman Testino: What remedy do we have if they don't maintain the other shelters?
Mr. Shah: Obviously we can terminate the contract.
Councilman Testino: Will they remove their shelters?
Mr. Shah: Yes, we will be storing our old shelters at Public Works. They are thinking of 23 or 24 locations and that is estimated revenue of $12,000.00 -30,000.00 every year.
Councilman Testino: What the benefit that you are calculating to us?
Mr. Shah: Rocky may have the figure to maintain the shelters, I think that it is between $18,000.00 - $20,000.00.
Councilman Testino: For what, to pick up the garbage?
Mr. Shah: No, the panels get broken all the time, they have to be plowed. These will also be lighted bus shelters.
Councilman Testino: Do we have a bond for these people in case they don't perform?
Mr. Shah: I don't think that we require a bond because this is where they perform services and we are paying them. How can you come up with a bond amount for that.
Mayor Cannon: If they don't live up to their contract we can terminate it.
Councilman Testino: Then we have to install the old shelters and what do we do with the ones that they have there?
Mr. Shah: They take them.
Councilman Testino: Whenever they want?
Mr. Shah: If you break the contract then they have to remove them.
Councilman Testino: If you want this, you certainly have it, if you can find the votes.
Mayor Cannon: I don't understand your objections.
Councilman Hoff: I don't think I raised objections.
President Maher: We will put it up for a vote.